When must the court deliver a copy of the indictment to the accused or defence counsel, and by when relative to the first public hearing?
General information · Not legal advice
Material to check
In a practice file, the papers to read are the record showing when prosecution was commenced, the proof of service of the indictment copy on the accused or on defence counsel with its date stamp, and the notice setting the first public hearing date, since each bears on a condition the provision attaches.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes both sentences together: once prosecution is commenced the court must serve a copy of the indictment on the accused or on defence counsel without delay, and must have done so no later than the cut-off the proviso sets before the first public hearing, so service may be made on either of them and both duties govern.
Another reading notes what the provision leaves unsaid: it fixes an outer limit of service before the first public hearing and a duty to act without delay after prosecution is commenced, but it does not state what follows if service falls outside that limit, nor how soon after commencement "without delay" requires the copy to reach the accused or defence counsel.
Your judgment
If the record shows the copy was sent to counsel shortly before the cut-off, what in the file fixes the date the service counts as made?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the cut-off before the first public hearing or the persons entitled to service, or if a court decision states what effect service outside that limit has on the hearing.